Eviction and just cause in Richmond

(1) Failure to Pay Rent. The tenant has failed to pay the rent to which the landlord is legally entitled under the rental housing agreement, this Chapter, state and any other local law. (2) Breach of Lease. The tenant has continued, after written notice to cease, to substantially violate any of the material terms of the rental agreement, except the obligation to surrender possession on proper notice as required by law, and provided that such terms are reasonable and legal and have been accepted in writing by the tenant or made part of the rental agreement; and provided further that, where such terms have been accepted by the tenant or made part of the rental agreement subsequent to the initial creation of the tenancy, the landlord shall have first notified the tenant in writing that he or she need not accept such terms or agree to their being made part of the rental agreement. (A) Notwithstanding any contrary provision in this section, a landlord shall not take any action to terminate a tenancy based on a tenant's sublease of the unit if the following requirements are met: (i) The tenant continues to reside in the rental unit as his, her or their primary residence. (ii) The sublease replaces one or more departed tenants under the rental housing agreement on a one-for-one basis. (iii) The landlord has unreasonably withheld the right to sublease following written request by the tenant. If the landlord fails to respond to the tenant in writing within fourteen (14) days of receipt of the tenant's written request, the tenant's request shall be deemed approved by the landlord. A landlord's reasonable refusal of the tenant's written request may not be based on the proposed additional occupant's lack of creditworthiness, if that person will not be legally obligated to pay some or all of the rent to the landlord. A landlord's reasonable refusal of the tenant's written request may be based on, but is not limited to, the ground that the total number of occupants in a rental unit exceed the maximum number of occupants as determined under Section 503(b) of the Uniform Housing Code as incorporated by California Health & Safety Code Section 17922. (B) Protections for Families. Notwithstanding any contrary provision in this section, a landlord shall not endeavor to recover possession of a rental unit as a result of the addition to the rental unit of a tenant's child, parent, grandchild, grandparent, brother or sister, or the spouse or domestic partner (as defined in California Family Code Section 297) of such relatives, or as a result of the addition of the spouse or domestic partner of a Tenant, so long as the number of occupants does not exceed the maximum number of occupants as determined under Section 503(b) of the Uniform Housing Code as incorporated by California Health & Safety Code 17922. The Rent Board shall promulgate regulations that will further protect families and promote stability for school-aged children. (3) Nuisance. The Tenant has continued, after the Landlord has served the tenant with a written notice to cease, to commit or expressly permit a nuisance in, or cause substantial damage to the Rental Unit. (4) Failure to Give Access. The tenant has continued to refuse without good cause, after the landlord has served the tenant with a written notice, to grant the landlord reasonable access to the rental unit for the purposes of showing the unit to prospective purchasers or mortgagees or making necessary repairs or improvements required by the laws of the United States, the State of California or any subdivision thereof. This shall include inspections by the Richmond Residential Rental Inspection Program and any other inspections needed so that the landlord may comply with such laws. The Board shall promulgate regulations for the repair and improvement of rental units to ensure the least amount of disruption for the tenant. Unless due to a documented emergency affecting a tenant's health and/ or safety, all repair or improvement work will be scheduled in compliance with applicable Board regulations. To terminate a tenancy under this Subsection (a)(4), a Landlord must show that written notice was provided to the tenant and all necessary repair or improvement work was scheduled in compliance with this section and all applicable Board regulations. Landlords may not use lock boxes on occupied units.

(1) The tenant, after being provided with the written notice required by sections 1161 and 1162 of the Code of Civil Procedure of the identity and mailing address of the person to whom rent is due, and the amount of rent due, has failed to pay the rent to which the landlord is entitled within three calendar days of after receiving such notice. Notice shall be given to the tenant in the manner prescribed by California Code of Civil Procedure Section 1162. (2) The tenant has violated a lawful obligation or covenant of the tenancy and has failed to cure such violation after notice, as provided for in sections 1161 and 1162 of the Code of Civil Procedure within seven calendar days after having received written notice thereof from the landlord, other than a violation based on: (A) The obligation to surrender possession upon proper notice; or (B) The obligation to limit occupancy when the additional tenant who joins the occupants is a dependent child who joins the existing tenancy of a tenant of record or the sole adult tenant. The landlord has the right to approve or disapprove a prospective additional tenant who is not a minor dependent child, provided that the approval is not unreasonably withheld. Notice shall be given to the tenant in the manner prescribed by California Code of Civil Procedure Section 1162. (3) The tenant is committing or permitting to exist a nuisance in, or is causing substantial damage to, the rental unit, or the appurtenances thereof, or to the common areas of the rental complex, or is creating a substantial interference with the comfort, safety or enjoyment of the landlord or tenants in the building. (4) The tenant is using, or permitting a rental unit, the common areas of the rental unit or rental complex containing the rental unit, to be used for any illegal purpose. (5) The tenant, who had a written agreement, or an oral agreement the existence of which is established by written evidence, with the landlord which has terminated, has refused after written request or demand by the landlord to execute, within seven calendar days after that request, a written extension or renewal thereof for a further term and under such terms which are materially the same as in the previous agreement, provided that any such agreement that is executed by the tenant shall terminate 30 days after the date the rental unit is transferred to a purchaser for value. The written request or demand by the landlord shall be given to the tenant in the manner prescribed by California Code of Civil Procedure Section 1162. (6) The tenant has, after written notice to cease, refused the landlord access to the rental unit as required by state or local law. (7) A person in possession of the rental unit at the end of a lease term, or upon the sale under the power of sale contained in a deed of trust, or foreclosure of a rental unit or the building in which the rental unit is located, is a subtenant not approved by the landlord.

(a) Homeownership is of great importance to the residents of the City of Richmond. The following protections for homeowners shall be part of this ordinance: (1) Temporary Rentals Allowed. A homeowner who is the primary resident of a single-family home may create a temporary tenancy. The temporary Tenant must be provided, in writing at the inception of the tenancy, the length of the tenancy and a statement that the tenancy maybe terminated at the end of the temporary tenancy (pursuant to Section 11.100.050(8) below) and relocation shall not be required. (2) Small, Second Units Unregulated. A unit that is lawful and in compliance with the Small Second Unit Ordinance of the City of Richmond (Richmond Municipal Code § 15.04.810.) will be exempt from this chapter if the owner is the Primary Resident of the first, larger single-family home. (3) Renting of a Room Unregulated. The tenancy where the tenant shares a bathroom or kitchen with the homeowner shall be exempt from this chapter if the home is the primary residence of the homeowner. (Ord. of 12-20-2016(1), 12-20-2016)

During the period that a rental unit is owned after transfer of title to the unit due to a sale under the power of sale of a deed of trust or foreclosure, and until such time as the rental unit is sold to a purchaser for value,

The landlord, after having obtained all necessary permits from the City of Richmond, seeks in good faith to undertake substantial repairs which are necessary to bring the property into compliance with applicable codes and laws affecting the health and safety of Tenants of the building or where necessary under an outstanding notice of code violations affecting the health and safety of Tenants of the building, and where such repairs cannot be completed while the tenant resides on the premises.

(8) The landlord seeks in good faith to recover possession of the rental unit for use and occupancy by: (A) A resident manager, provided that no alternative, comparable vacant unit is available for occupancy by a resident manager; except that where a building has an existing resident manager, the owner may only evict the existing resident manager in order to replace him or her with a new manager. (B) The landlord or the landlord's spouse, domestic partner, grandparents, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, children, or parents provided the landlord is a natural person. However, a landlord may use this ground to recover possession for use and occupancy by the landlord, landlord's spouse, domestic partner, child, parent, in laws or grandparents only once for that person in each rental complex of the landlord. (9) The landlord seeks in good faith to recover possession to remove the rental unit permanently from rental housing use pursuant to state law. (10) The landlord seeks in good faith to recover possession so as to: (A) Demolish the rental unit; or (B) Perform work on the building or buildings housing the rental unit or units; and: (i) Such work costs not less than the product of eight times the amount of the monthly rent times the number of rental units upon which such work is performed. For purposes of this section, the monthly rent shall be the average of the preceding 12-month period; and (ii) The work necessitates the eviction of the tenant because such work will render the rentable unit uninhabitable for a period of not less than 30 calendar days. (11) The landlord seeks in good faith to recover possession of the rental unit to comply with a government agency's order to vacate, or any other order that necessitates the vacating of the building, housing or rental unit as a result of a violation of the City of Richmond's Municipal Code or any other provision of law. (12) The landlord seeks in good faith to recover possession of the rental unit to comply with a contractual agreement or government regulation relating to the qualifications of tenancy with a governmental entity, where the tenant is no longer qualified.

(10) The landlord seeks in good faith to recover possession so as to: (A) Demolish the rental unit; or (B) Perform work on the building or buildings housing the rental unit or units; and: (i) Such work costs not less than the product of eight times the amount of the monthly rent times the number of rental units upon which such work is performed. For purposes of this section, the monthly rent shall be the average of the preceding 12-month period; and (ii) The work necessitates the eviction of the tenant because such work will render the rentable unit uninhabitable for a period of not less than 30 calendar days.